강간치상
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.
1. The sentencing of the lower court on the gist of the grounds of appeal is too unreasonable.
2. The judgment of the Defendant attempted to rape the victim when the victim, who was dead, refused the sexual intercourse, and attempted to injure the victim during that process.
The victim seems to have suffered considerable physical and mental pain due to the crime of this case.
Such circumstances are disadvantageous to the defendant.
On the other hand, the defendant has no criminal record and has no record of punishment exceeding the fine.
The defendant's rape crime was committed in the past, and the victim's injury seems to be relatively minor.
In this court, the defendant recognized the crime of this case, and divided the wrong facts, and the victim does not want the punishment against the defendant by mutual consent with the victim.
Such circumstances are favorable to the defendant.
In addition, comprehensively considering the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, relationship with the victim, circumstances after the crime, etc., the sentence of the court below is too unreasonable.
3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court and summary of evidence are as stated in the corresponding column of the judgment below, except where "1. Defendant added "legal statement made by this court" to "a summary of evidence" of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act concerning the crime;
1. The favorable circumstances among the judgments on the reasons for the above appeal under Articles 53 and 55(1)3 of the Criminal Act, which are favorable to discretionary mitigation.